CHAPTER TWO - Constitutional Embedding through Legal Mobilization

Summary

Chapter 2 introduces the idea of “constitutional embedding” and describes how legal mobilization can put into motion processes that result in the embedding of social constitutionalism. Constitutional embedding occurs along two dimensions: social and legal. Where social and legal embedding reinforce one another, constitutional embedding will be particularly robust. Where they do not, constitutional embedding will be vulnerable to challenges related to the scope of the law, concerns of powerful actors, and the workload judges must navigate. Each type of challenge can derail both social and legal embeddedness, and, as a result, limit the potential for social constitutionalism to translate into gains in real access to social welfare goods. Legal mobilization can catalyze constitutional embedding, as it facilitates the social construction of legal grievances and the development of judicial receptivity to particular kind of claims, in the process shaping views about the law.